Notice Of Motion And Motion For Order Compelling Plaintiff To Provide Responses To Third Set Of Requests For Production (Mtc No. 5)
Matter on the LAW AND MOTION / DISCOVERY Calendar, for Friday, Aug-14-2026. LINE 5. 5-DEFENDANT PACIFIC BELL TELEPHONE COMPANY's, DBA AT&T CALIFORNIA, And Motion For Order Compelling Plaintiff To Provide Responses To Third Set Of Requests For Production (Mtc No. 5).
Judge Harold Kahn, who is hearing all cases on calendar in department 302 on August 14, 2026, discloses that his brother Michael Kahn was senior counsel and/or a partner at Crowell & Moring from approximately 2009 through 2022 and that he has met Thomas Koegal on several occasions but does not now and has never had any social or business relationship with Mr. Koegel. Judge Kahn believes that he is and will be fair and impartial to both sides in this case and on this motion.
Defendant Pacific Bell Telephone Company's motion for order compelling plaintiff State of California, Department of Transportation to serve responses to Pacific Bell's third set of requests for production and for monetary sanctions is granted. No later than 5pm on August 24, 2026 Caltrans must serve verified code-compliant responses to requests 29-33 without objections and produce all responsive documents. Caltrans must pay reasonable monetary sanctions of $2,109.38 no later than September 8, 2026 to Pacific Bell.
Pacific Bell has shown good cause for this motion and trial is imminent. The court exercises its discretion to consider Caltrans' late-filed opposition memorandum and finds nothing in that memorandum excusing Caltrans from providing the requested discovery prior to the filing of this motion. Caltrans' opposition memorandum acknowledges the propriety of the discovery sought by Pacific Bell. This motion is not untimely since the discovery sought by the motion was sought prior to the discovery cutoff date and the discovery motion hearing cutoff date is still in the future.
There was a need for this motion because Caltrans failed to provide the discovery sought by Pacific Bell on a timely basis. No sanctions are awarded to Pacific Bell for the filing of its reply papers since the reply papers added nothing to its motion.
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